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Egypt on Democratic Track

Saturday, 19 April 2014 - 10:19 PM Cairo
Home >> Politics >> Political System >> Judiciary Authority  >> Supreme Constitutional Court

Supreme Constitutional Court

The court of egyptThe Supreme Constitutional Court (SCC) was established in 1979. The SCC is alone responsible for censoring the constitutionality of the laws and regulations and it assumes interpreting legislative texts. The SCC has the right to cancel the laws that are contrary to the provisions and articles of the Egyptian Constitution. The SCC's verdicts are final and cannot be challenged in any way.

After January 25th Revolution in 2011 and after the Egyptian presidential elections in 2012, there was a great deal of debate that lasted for six months on Egypt's new draft constitution "Egypt's draft constitution 2012". After that two-phase referendum on the new constitution was held on 15 and 22 December 2012. On December 25, 2012, the results were announced, pointing that the majority of Egyptians voted in favor of the draft constitution. 63.8% of Egyptians said 'yes' against 36.2% said 'no' in the referendum.

According to 2012 Constitution, the SCC is an independent judicial body, located in Cairo, which exclusively undertakes the judicial control of the constitutionality of laws and regulations. The law defines other competencies and regulates the procedures to be followed before the court. The Constitution states that the SCC is made up of a president and ten members. The law determines judicial or other bodies that shall nominate them and regulates the manner of their appointment and the requirements to be satisfied by them. Appointments take place by a decree from the President of the Republic.

SCC Articles in the Constitution

Article 175

The Supreme Constitutional Court is an independent judicial body, seated in Cairo, which exclusively undertakes the judicial control of the constitutionality of laws and regulations.

The law defines other competencies and regulates the procedures to be followed before the court.

Article 176

The Supreme Constitutional Court is made up of a president and ten members. The law determines judicial or other bodies that shall nominate them and regulates the manner of their appointment and the requirements to be satisfied by them. Appointments take place by a decree from the President of the Republic.

Article 177

The President of the Republic or the Parliament shall present draft laws governing the practice of political rights and the presidential, legislative or local elections before the Supreme Constitutional Court, to determine their compliance with the Constitution prior to dissemination. The Court shall reach a decision in this regard within 45 days from the date the issue is presented before it; otherwise, the proposed law shall be considered approved.

If the Court deems one or more parts of the text non-compliant with the provisions of the Constitution, its decision shall be implemented.

The laws referred to in the first paragraph are not subjected to the subsequent control stipulated in Article 175 of the Constitution.

Article 178

The Official Gazette shall publish verdicts issued by the Supreme Constitutional Court and decisions pertaining to preemptive control of draft laws governing presidential, legislative or local elections.

The effects of a decision on the unconstitutionality of a legislative text are regulated by law.